Transpo Midterm Reviewer

7/25/2019 Transpo Midterm Reviewer

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TRANSPORTATION LAW- Dec. 3, 2010I. Air TransportationLhuiller v. British Airways case:

says that the governing law is the Warsaw Convention

issue is jurisdiction

high contacting parties countries which are signatories in the

Warsaw convention! countries who a"ide with the provisions o# theagree$ent in the WC

international %ight %ight "etween two high contracting parties

&according to WC'

i$portance to deter$ine i# international %ight to (now theapplica"ility o# WC &i# international %ight) then WC applies'

in this case) international %ight &London*Italy' there#ore) WC applies

+eld: case shall "e ,led in the:

&a' place o# the $ain o-ce o# the airline &London'&"' place where you "ought the tic(et &Italy'&c' place where the incident happened

There#ore: hilippine court has no jurisdiction over the case) casedis$issed #or lac( o# jurisdiction

I/ 0/1 CA21: 0ne guy #ro$ Iloilo or Bacolod who joined a gol# tourna$ent in

Bang(o(

+e needed to pass 2ingapore and so he "ought tic(et #ro$ AL goingto 2ingapore

since AL has no direct %ight #ro$ 2ingapore to Bang(o( he got a

British Airways tic(et going to Thailand #ro$ 2ingapore

+e arrived using AL3s plane "ut British Airways would not accept

the$ "ecause the tic(et was not indorsed "y AL

BA: i# we accept this tic(et) there is a possi"ility that AL will not payus

+e was not a"le to use the 4uestioned tic(et and 5aruda Airwaysgoing to Bang(o(

2o$e o# the$ got sic( "ecause o# the hassle and so was not a"le toplay gol#

When they got "ac( in the hils) they ,led a case #or da$ages #or

"reach o# contact against AL

AL ,led $otion to dis$iss

I226127. 2hould the case "e ,led against BA89. o the hilippine courts have jurisdiction over

the case given it is a %ight #ro$ 2ingapore toThailand8

;. oes the WC apply8

+1L

7. /o. When he purchased tic(et #ro$ AL) AL onlyused BA as their agent "y virtue o# anagree$ent "etween airlines and the $ain carrieris AL and so AL should "e the one sued.

9. T+1 A?TI12A. @igilance over the Cargo

7;;. 1traordinary diligence is re4uired7;. resu$ption o# negligence in case o# loss) da$age or deterioration

5?: as long as it is shown that there is da$age then the co$$on

carrier &CC' could "e $ade lia"le 1D: CC could prove that it has eercised etraordinary diligence

over the goods

7;E. Coverage o# etraordinary diligence lasts #ro$ the ti$e the cargoes

are conditionally placed in the position o# and receivedFaccepted #ortransportation "y the carrier to "e delivered to the consignee) withoutprejudice to 7;G7;. 1ven i# the cargoes are te$porarily unloaded) CC is still o"ligated toeercise etraordinary diligence 6/L122 the shipperFowner avails o# theright to stoppage in transitu

stoppage in transitu right o# an unpaid vendor to stop the

ship$ent or transportation o# the cargo to the consignee "ecause

the consignee is not capa"le o# paying hi$) and so the vessel"eco$es a warehouse) there#ore shall eercise the diligence o# thegood #ather o# a #a$ily and not etraordinary diligence

7;G. CC has to continue to operate with etraordinary diligence even i# thegoods are placed in the warehouse at the place o# destination.

>act that it has reached the destination and place o# the warehouse

it doesn3t #ollow that the etraordinary diligence has already ceasedto eist.

It would only cease to eist i# CC has given a reasona"le ti$e and

given notice to the consignee to release the sa$e

I# there is actual or constructive delivery) etraordinary diligenceceases to eist


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Actual delivery cargoes were given to the consignee and the

consignee receives the cargoes.

Constructive delivery notice was already given to the consignee

regarding the arrival o# the cargoes and the consignee was alreadygiven a reasona"le ti$e to release it even i# there is no actualrelease

In cargoes) i# there is delay) then one o# the options o# the shipper is to

a"andon the cargo once in transit and as( #or the #ull price o# the cargo. Butto "e a"le to do so)

?e4uisites:7. there should "e a de$and in writing addressed to the CC stating

your intention to a"andon the goods9. it shall "e done "e#ore the cargo reaches the destination

B. T?A/20?TATI0/ 0> A221/51?2 &CC'

7. 0"ligation to accept the passengers without discri$ination9. 0"ligation to transport the$ sa#ely;. 0"ligation to transport without delay

When will CC "e lia"le in transporting passengers8

a. When there is delay &7H'". When there is deviation &7H'

III. 1>1/212 0> T+1 C0JJ0/ CA??I1?7;H. 5?: CCs are responsi"le #or the loss) destruction and deterioration o#the goods

1D: i# the sa$e is due to any o# the #ollowing causes 0/L C0JJ0/ CA??I1?:

Act o# an e$ployee that caused injury to the passenger would still$a(e the co$$on carrier lia"le) whether or not the e$ployee isacting in accordance with his duty! or even i# the act o# thee$ployee that caused the injury is in violation o# the instruction o#the co$$on carrier.

It shall also "e noted that) "y epress provision o# the law) an act o#

a stranger or co*passenger o# the co$$on carrier that caused injuryto another passenger would still $a(e the co$$on carrier lia"le.

I# a passenger was injured and he has not yet paid his #are) then he

is not considered a passenger and the co$$on carrier will not "elia"le to hi$! "ut i# he has an intention to pay even i# he has not yet

paid) then he can still "e considered as a passenger.


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I# the passenger was not aware that he rode the wrong "us) he is still

considered as a passenger.

I# the passenger pretended to "e the owner o# a plane tic(et and"oarded the plane) he cannot "e considered as passenger "ecausethere was #raud on his part.

In the case o# gratuitous passenger) the co$$on carrier is stilllia"le! "ut the lia"ility $ay "e li$ited depending upon the stipulationo# the passenger and the co$$on carrier. +owever in the case o# anordinary passenger) the lia"ility o# the co$$on carrier cannot "elessened or di$inished "y stipulation.

/ote that the stipulated li$itation o# lia"ility in the case o# gratuitouspassengers shall only "e valid in ordinary negligence. It is not valid i# thecause o# injury is will #ul act o# gross negligence.Cause o# action i# the passenger is injured:

7. Culpa Contractual &"reach o# contract'* Case against the co$$on carrier only. Cannot "e ,led against

the driver "ecause he is only an agent. reponderance o#evidence is needed to esta"lish lia"ility.

9. Muasi*delict* Case against the driver and the co$$on carrier! "ased on torts.

;. Culpa Cri$inal* Case against the driver. Co$$on carrier is su"sidiarily lia"le i#

the driver is insolvent.ossi"le da$ages:

Actual da$ages

o &li#e epectancyO9F; G age' inco$e and epenses

Joral da$ages

o +urt #eelings) sleepless nights) $ental anguish

o In culpa contractual) $oral da$age is not awarded ecept in

the case o# death or "ad #aith.

1e$plary da$ageso Awarded i# there is one or $ore aggravating circu$stances

/o$inal da$ages

o Awarded to vindicate the right o# the plainti=.

Transportation Laws Dec. 10, 2010Code o# co$$erceF Jariti$e Law:Corporation A * has "us7) "us 9) and "ldg.The owners o# corporation A are:B who has a house and lotC* who has a car who has a car

P Corporation has a distinct and separate personality. 2o the lia"ility o#A cannot "e trans#er to B) C )...

/ature o# lia"ility under $ariti$e law: it is real and hypothetical in nature...

What does real and hypothetical in nature $ean8 It is li$ited lia"ility.

Li$ited lia"ility* in case the vessel is totally loss through the #ault ornegligence o# the captain) the lia"ility o# ship owner is etinguished.

P Authority: Art. G; under code o# co$$erce: the owner shall "ecivilly lia"le #or the acts o# the captain up to the actual value o# theship) #reight...

P Li$ited lia"ility only applies to $ariti$e transactionF "usiness...P 1le$ents o# real and hypothetical in nature:P The vessel is totally or partially lossP one through negligence or #ault o# the captain and not the ownerP 1.g. the real and hypo in nature will not apply: /egros navigation v

Jirandauring the voyage) there was a collision o# negros navigation and an

oil tan(er "ecause o# the negligence o# the captain... "ut the cause is thatthe "oat is not sea worthy "ecause it sun( within *7 $inutes where in$any people died. And allowing the "oat to "e overloaded with people) that

is why there was negligence on the part o# the owner and not only to thenegligence o# the captain... That is why the li$ited lia"ility rule will no longerapply in this case.

P Li$ited lia"ility rule: @essel) appearance) #reight and insuranceP It does not violate the civil code.P In order to avail li$ited lia"ility in partial loss there $ust "e a

written notice o# a"andon$ent. That the owner is turning over to thepredator possessor o# the thing or a"andoning the vessel.

P rinciple o# Li$ited lia"ility rule &LL?': no vessel) no lia"ility...P Is there a need o# a"andon$ent8 /o there is no need "ecause there

is nothing to a"andon.1ception o# LL?:

P I# there is a concurrence o# owner or agent o# the vesselP In case i# the vessel is insuredP The nature o# the clai$ is in special law that the wor(ers who died in

the per#or$ance o# their duties. It is Wor($en3s co$pensation clai$.P When all the epenses #or repair incurred prior to the voyage)

"ecause there was o"ligation already arise.P The #reight that was paid will not "e included in the LL?. It is only the

value o# the vessel will "e etinguished.rotests:

Within 9Hhrs0r to the ,rst point o# entry in the hilippines

It is not applica"le to all case... 0nly i# the vessel was shipwrec() hurricane)arrival under stress) in case o# $ariti$e collision &ta(e note o# this) "ecauseit involves $ariti$e vessels and it should "e "oth $ariti$e vessel'


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Where to ,le8 In 7NG7) the jurisdiction is regarding to the a$ount involvedIn Jetro Janila: ?TC eceeds H(0utside JJ: ?TC* eceeds ;(Below this a$ount a"ove stated: will in Jetropolitan Trial Court.Jariti$e Collision* there is a need to protest@essel any "arge) lighter) "ul( vessel) #reighter) passenger #reighter)tan(er) ,shing "oats) contra"ands... design and capa"le o# transportingperson or cargo #ro$ one coast to another.

/ot vessel: I# the vessel is operated under Ar$ #orces o# the hilippines) all#oreign ) Bang(a) sailing "oats) less than ; gross tons) "oats that areaccessory) yachts) health service) %oating store housesRe!isites o" #ariti#e $esse%&7 /ot accessory9 +as a license to engage in the transportation; 6sing to transport crates or people "y sea

6nder code o# co$$erce Art.G; regarding the person capa"ility to protestand that it should "e "oth $ariti$e vessels.

P ?egistration and etraordinary diligence

@essel is personal property. It is registered with conveyance and custo$s

JA?I/A ?6L12 I/ ?15I2T?ATI0/* it is the one who set the rules

+ow to ac4uire8 5ood #aith with valid title: ;yrs

5> without valid title with adverse possession: 7 yrs

Through saleCan you sell a vessel while in voyage8 rancisco or destination8ilipino citiKensWhen can you deleteFcancel the registration8

hil.! incase o# "are "oat chartered "y a #oreignre*ter$ination o# chartered agree$ent2ale o# the vessel to a #oreigner2crapping or deco$$ission o# the vessel &no longer to "e used'

Constructive or total lossTranspo Lect!re- 'an (Charter arty * a special contract in $ariti$e co$$erce. It is not thecontracting parties "ut the contract itsel#. It is a contract "y which the owneror agent o# the vessel leases the whole or part o# the vessel to another #ortransportation o# the cargo or passengers #ro$ one place to another #or acertain price.5overning laws:Co$$on Carrier* civil coderivate Carrier* Code o# Co$$erceThe $o$ent CC "eco$es a private carrier* Code o# Co$$erceI$portance o# deter$ining whether co$$on carrier is considered a privatecarrier:

7. To (now which law will govern9. 2tipulation that li$its lia"ility is valid in a private carrier "ut not in aco$$on carrier.

When is a co$$on carrier considered as private carrier8 BA?1 B0ATC+A?T1?BA?1 B0AT C+A?T1?

It is when a vessel is hired &including the crew and everything'. Thecontrol) $anage$ent) and possession is with the charterer.Article E9 o# the code o# co$$erce: Contents and #or$alities o# thechartered parties

7. The charter parties has to "e drawn in duplicates) signed "y theparties.

9. Charter parties should also speci#y:R the (ind) the na$e) and the tonnage o# the vessel.R the origin o# registry o# the vessel.R The na$e o# the shipper) the owner) and the charterer.R ort o# loading and unloading.R Capacity and the carriage agreed upon "y the parties to "e loaded.R The #reightageR the pri$ageR lay days.

>reight*#are or (ind o# cargo to "e loaded

ri$age* #ee given #or the special care given to the cargo or "yusing the e4uip$ent

Lay days* allowa"le nu$"er o# days that a charterer $ay load or

unload the cargoWhy is this i$portant to (now8


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* Because we are dealing with cargoes and vessels) and they arealways in transit and delay would cause a lot o# $oney #or additionalcharge #or de$orage

* e$orage* #ee charged in ecess o# the nu$"er o# days allowed toload and unload

?e4uisites #or a valid charter party:7. Consent o# the contracting parties9. 1istence o# the vessel at the disposal o# the charterer

;. 2tipulation as to the #reightageH. Co$pliance with Art. E9 o the Code o# Co$$erce

What is the indication o# Art E9* the charter party has to "e in writing asgeneral rule

1D: Art E;) i # the cargoes "e received and the charter party hasnot yet "een signed then it is understood that it has "een eecuted and theone that will govern the o"ligation o# the parties are the stipulations in the"ill o# lading

Sinds o# Charter arty:7. Bare Boat Charter arty or e$ise Charter arty* a person hires the vessel and the crew) and so the charterer would

"e the one who would ta(e charge in paying the wages o# the crewand in control o# provisioning everything in the vessel) in e=ect) thecrew "eca$e the e$ployees o# the charterer

* charterer party would "e lia"le to third persons* charterer has co$$and) possession and navigation o# the vessel! he

acts as owner who handles everything* only instance where co$$on carrier would "e a private carrier9. Contract o# A#reight$ent charterer hires the vessel either #or a

dete$inate period o# ti$e or per voyage or successive voyagesa. @oyage Charter per voyage or successive voyages". Ti$e @oyage ,ed ti$e

Contract o# Towage contract o# service where the "arge is towed "y a

vessel

Can a ship captain enter a charter party8* Art. E) the ship captain can enter a charter party provided) in the

a"sence o# a ship agent) even i# it is in contravention or against theinstruction o# the ship agent or owner still valid

* But the owner $ay go against the ship captain #or da$ages

Art. EE as to deter$ine when de$orage shall "e given* i# there is no ti$e stipulated in the charter party then the usage o#

the port shall "e used

What i# during the chartering) the vessel was #ound later on not seaworthyany$ore8

* Art E) the captain is o"ligated to loo( #or a vessel and continue thevoyage within 7 (ilo$eters #ro$ port

* I# the captain cant ,nd vessel to deliver he $ay apply #or deposito# the cargo

Art EG) the #reight shall accrue as stipulated in the contract. But i# thestipulation is not clear) the rule will "e) i# on the charter there is a $onth or adate) then the #reight will accrue during the ti$e o# the loading. I# there is a

,ed period) then the #right accrues on that very date.

Art EN*i# the cargoes are placed on the vessel) the captain $ay sell thecargos su"ject to the #ollowing conditions:

7. i# the $oney #ro$ the sale will "e needed #or the repair o# thepro"le$ o# the vessel.

9. 6navoida"le and urgent epenses1=ect*i# a#ter the repair) the cargo was a"le to reach the point o#

destination) then the captain will pay the owner "ased on the price in theplace o# destination. 2a$e goes with i# the vessel did not reach thedestination.

Will the cargo "e lia"le #or the #reight8 I# the vessel was not a"le to reach the

destination) its lia"ility shall "e proportionate to the distance. I# it reachesthe destination) it will "e lia"le #or the whole value.

Art. EN* partial #reight

i# the vessel was lost or did not reach the destination.

Art. EE9* shipwrec( "ut cargo was recoveredO lia"le only up to the etent o#the da$age &partial #reight'

Art. EE the $o$ent the cargo is placed in the vessel) the co$$on carrier isalready lia"le. There is already a lien created in the cargo.

What are the lia"ilities8

o

>reighto 1penses

o Average &epense that inure to the "ene,t o# cargo holders'

accorded to hi$. 1: ettison.I# you cannot pay the lia"ilities) then underU

Art EEG the cargos "e sold in the auction. Cargos to "e sold in auction "y thecaptain:

cargos under EE and EEE

i# the cargo is at the ris( o# deteriorating

consignee cannot "e #ound or re#uses to clai$ the cargo

i# it is very epensive to preserve the cargo.

Instances where cargo is lia"le #or #ull #reight: art EN


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The cargo was sold #or the repair) and the vessel reached the

destination.

6nder EE9) when the vessel was repaired "ut a#ter the repair the

cargo was not sold and the vessel reached the destination.

6nder EE;) deterioration due to pac(ing

>ortuitous event

When not re4uired to pay a #reight8

6nder EE7) when #or reasons o# shipwrec( or stranding) or when the

goods were con,scated "y ene$ies or pirates.

6nder EE) when the cargo was thrown over"oard and was neverrecovered. &jettison'

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